Tea Party Group Hits IRS With 1st Suit In Bias Scandal

Expert Analysis

• DC Circ. Weighs In On FERC's New ROE Approach

  

  Recently, the U.S. Court of Appeals for the District of Columbia Circuit rejected Southern California Edison’s challenge to the Federal Energy Regulatory Commission's methodology for determining a company’s base return on equity. One noteworthy lesson from the case is that this method can have a material affect on the ROE, with a large revenue impact, say attorneys with Day Pitney LLP.

• Calif.'s Subcontractor Defense Regime: Order or Chaos?

  

  With the enactment of Civil Code Section 2782.05, the California Legislature has created a new regime to govern a subcontractor's duty to defend a general contractor or construction manager on most nonresidential projects. While this new regime appears intended to benefit construction participants, its lack of guidance will likely result in disagreements and litigation among the participants, say attorneys with Jones Day.

• Righthaven V. Hoehn: Bad News For Copyright Trolls

  

  In its recent decision in Righthaven LLC v. Hoehn, the Ninth Circuit has made clear that courts must look beyond labels in agreements and evaluate the substance of the rights actually assigned in order to determine whether an assignee has standing to pursue a claim for copyright infringement, say Benjamin Marks and Elisabeth Sperle of Weil Gotshal & Manges LLP.

• 6 Ways The ACA May Increase Federal Contractors’ Costs

  

  Federal contractors face significant cost increases and compliance requirements as a result of the health insurance reforms in the Affordable Care Act. To minimize costs and compliance risks in the future, companies should take a number of steps in the coming months, say attorneys with Arnold & Porter LLP.

• Bazaarvoice-PowerReviews Merger Case: Where's The Beef?

  

  Reading the U.S. Department of Justice's complaint challenging the consummated merger between Bazaarvoice Inc. and PowerReviews Inc. reminds me of the old Wendy’s commercial in which a little old lady looks at a tiny fast-food hamburger and asks, “Where’s the beef?” The absence of actual evidence of anti-competitive impact sits at odds with successful post-merger challenges, says David Balto of the Law Offices of David A. Balto.

• Digging Into The Duty To Mine Big Data

  

  Data mining has led, and will lead to, startling discoveries in the sciences. In the law, it may well lead to startling liabilities, especially if defendants are made to pay for harms foreseeable only by the most powerful software available, says David Oliver of Vorys Sater Seymour and Pease LLP.

• Legal Risks Behind Workplace Wellness Programs

  

  Although more clarity is needed from administrative agencies and the courts regarding the contours of a lawful employee wellness program, it is definitely better at this point to structure such programs using rewards or incentives for participation as opposed to penalties for nonparticipation, says Kevin Kelly of Locke Lord LLP.

• An Opportunity To Limit Prop 65 Abuse

  

  The long-awaited proposed reforms to California's Proposition 65 are welcome and needed as they would greatly reduce the number of frivolous Prop. 65 lawsuits and alleviate the defense costs for manufacturers, says Mark Johnson of Alston & Bird LLP.

• DOD's Proposal Checklist: A Useful Tool With Some Risks

  

  While the U.S. Department of Defense's new “proposal adequacy checklist" very well may prove to aid defense contractors in preparing more thorough, accurate and complete proposals, the checklist also provides another opportunity for mistakes in a proposal, says Ryan Bradel of Greenberg Traurig LLP.

• Wakeup Call For Health Facilities Aiding Deaf Patients

  

  The U.S. Department of Justice's five newly announced settlements — one with a hospital, two with rehabilitation centers and two with private specialty practices — highlight the agency's continuing focus on providers and their practices when providing medical information to deaf patients or companions, say Nathan Kottkamp and Melissa Taylormoore of McGuireWoods LLP.